August 12, 2014 01:57:08 GMT
The movie's distributor says there is no connection between any of their conduct and the alleged loss or damages that Sarah Jones' family contends to suffer.
The "Midnight Rider" legal case is far from a settlement. Open Road Films is seeking to dismiss itself from the civil lawsuit that Sarah Jones' family filed against them after the camera assistant was accidentally killed by a train during an on-set filming on February 22.
In a court filing, Open Road Films as the distributor of the doomed film stated that there's "no causal connection between any conduct of Open Road and any alleged loss or damages plaintiffs contend they suffered." The company also argued that the Chatham County State Court lacked jurisdiction over them.
Jones' family named 18 defendants when they launched a lawsuit in May, arguing that the crew knew they did not have permission to shoot on the CSX railroad tracks where the accident happened. The family complained that Open Road had "individual responsibility for ensuring that 'Midnight Rider' filming was conducted in a safe and legal manner, in compliance with applicable industry standards."
Putting the blame on others for safety on the set, Open Road pointed out that Jones "did not exercise ordinary care, caution and prudence in connection with the transactions and events alleged in the complaint." The company said, "Plaintiffs' claim is barred, in whole or in part, because Jones freely and voluntarily assumed the risk of injury and damage in the complaint."
In addition to the dismissal, Open Road asked the judge to prevent the plaintiffs from recovering damages from the company or that any damages must be "proportionately reduced".